71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3336
House Bill 3763
Sponsored by Representative ROSENBAUM; Senator SHIELDS (at the
request of Fillard Rhyne)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires that elections for nomination and election of
candidates be conducted by instant runoff voting system.
Specifies procedures for tallying ballots.
A BILL FOR AN ACT
Relating to the tally of ballots for candidate elections;
creating new provisions; and amending ORS 246.560, 249.088,
254.065, 254.145, 254.575, 258.250, 258.280, 332.124, 333.165
and 333.197.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly finds that:
(1) Based on the following problems, the current voting system
needs to be changed:
(a) The current voting system is unfair to voters. Instead of
voting for their preferred candidate, voters often feel compelled
to vote against the candidate they most fear and so cast their
vote for a leading candidate whom they regard as a lesser evil.
(b) The current voting system is unfair to candidates. When a
majority of voters prefer two candidates to all others, the vote
for those two candidates may be split in such a way that a third
candidate, not preferred by the majority, is elected.
(2) In 1908, the people of Oregon amended the Oregon
Constitution to provide for an instant runoff voting system under
which voters may rank their preferences. Using an instant runoff
voting system solves the problems described in subsection (1) of
this section in the following manner:
(a) An instant runoff system is fair to voters. Voters are free
to mark their first choice for the candidate they truly prefer,
without fear that their choice will help elect their least
preferred candidate.
(b) An instant runoff system is fair to candidates because it
provides candidates an opportunity to receive a true majority of
the votes cast in the election.
(3) An instant runoff system also provides the following
benefits:
(a) It promotes higher voter turnout. Voters are more likely to
participate in elections because the instant runoff system allows
voters to mark their true first choice on the ballot, without
fear that their vote will be wasted.
(b) It encourages positive campaigning. In an effort to obtain
second-choice or third-choice votes, candidates will be more
inclined to appeal to voters directly, rather than berate other
candidates and alienate voters who support those other candidates
as their first choice.
(4) In order to promote integrity in elections, the time has
come to implement the instant runoff voting system in this
state. + }
SECTION 2. { + Section 3 of this 2001 Act is added to and made
a part of ORS chapter 254. + }
SECTION 3. { + (1) Elections for the nomination and election
of candidates for public office, as defined in ORS 249.002, shall
be conducted as described in this section.
(2) The ballot shall be designed to allow an elector to vote
for the elector's first, second and third choices from among the
candidates, including candidates listed on the ballot or one
write-in candidate.
(3) Ballots shall be counted as follows:
(a) The elector's vote shall be assigned to the candidate
marked as the elector's first choice. If one candidate receives a
majority of the first-choice votes, that candidate shall be
declared nominated or elected.
(b) If no candidate receives a majority of the first-choice
votes, the candidate receiving the fewest first-choice votes
shall be eliminated. Each vote cast for the eliminated candidate
shall be transferred to the candidate who was each elector's next
choice on the ballot.
(c) Candidates with the fewest votes shall continue to be
eliminated, with the votes for those candidates transferred to
the candidate who was each elector's next choice on the ballot
until a candidate receives a majority of the votes cast. When a
candidate receives a majority of votes, that candidate shall be
declared nominated or elected.
(d) Notwithstanding any provision of this subsection, a
candidate shall be eliminated before the first tally of ballots
if the candidate receives fewer than 500 votes, or fewer than 10
percent of the total votes cast for the nomination or office,
whichever is less.
(4) An elector may vote the elector's choices as follows:
(a) For each office for which there are three or more
candidates listed on the ballot, an elector may indicate three
choices.
(b) For each office for which there are two candidates listed
on the ballot, an elector may indicate two choices.
(c) For each office for which there is one or no candidate
listed on the ballot, an elector may indicate one choice.
(5) If all candidates for whom an elector voted on a ballot are
eliminated, the ballot shall be declared exhausted and may not be
considered in any continuing determination of whether a candidate
for the nomination or election received a majority of the votes
cast. If the ballot of an elector does not list the elector's
choices in numerical order, the elector's next clearly indicated
choice in order shall be counted. If an elector's ballot assigns
the same numeric choice to more than one candidate, those
assignments are invalid, and the elector's vote is transferred to
the next numeric choice, if any.
(6) If two or more candidates for the same nomination or
election, after a recount of the votes cast, have an equal and
the highest number of votes at any stage of the counting of the
votes, and one of the candidates is to be eliminated, the tie
shall be resolved as provided in ORS 254.575. + }
SECTION 4. ORS 254.065 is amended to read:
254.065. (1) When one person is to be nominated for or elected
to an office, the person receiving the highest number of votes
{ + as provided in section 3 of this 2001 Act + } shall be
nominated or elected. When more than one person is to be
nominated for or elected to a single office, the persons
receiving the higher number of votes { + as provided in section
3 of this 2001 Act + } shall be nominated or elected.
(2) No measure shall be adopted unless it receives an
affirmative majority of the total votes cast on the measure. If
two or more conflicting laws, or amendments to the Constitution
or charter, are approved at the same election, the law, or
amendment, receiving the greatest number of affirmative votes
shall be paramount regarding each conflict, even though the law,
or amendment, may not have received the greatest majority of
affirmative votes.
SECTION 5. ORS 254.145 is amended to read:
254.145. (1) The names of candidates for nomination for or
election to each office shall be arranged on the ballot or ballot
label in the order determined under ORS 254.155. The names of
candidates for the offices of President and Vice President of the
United States, however, shall be arranged in groups. Except as
provided in ORS 254.125, 254.135 and this section, no information
about the candidate, including any title or designation, other
than the candidate's name, shall appear on the ballot. In a
precinct in which voting machines are used, spaces shall be
provided, either on the ballot or on separate material delivered
to the elector with the ballot, in which the elector may write
the names of persons for any offices appearing on the ballot
label. In other precincts, at the end of the list of candidates
for each office shall be a blank space in which the elector may
write the name of any person not printed on the ballot. On the
left margin of the ballot or ballot label the name of each group
or candidate may be numbered. The blank spaces shall not be
numbered. A particular number shall not be used to designate more
than one candidate at any election.
(2) The names of all candidates for the same office shall be
listed in the same column on the ballot or ballot label. If more
than one column is needed to list names of all candidates for
that office, the names may be arranged in one or more columns in
block form. The block shall be set apart by rulings under the
title of the office. If a blank space follows the list of
candidates, the space shall be in the same column as the names of
candidates for that office. If blocks of columns are used, blank
spaces shall be included within the ruled block.
(3) In precincts using voting machines, the ballot label shall
be clearly marked to indicate when names of candidates for the
office are continued on the following page.
(4) When a measure is submitted to the people, the number,
ballot title and financial estimates under ORS 250.125 of each
measure shall be printed after the list of candidates. A measure
referred by the Legislative Assembly shall be designated '
Referred to the People by the Legislative Assembly.' A state
measure referred by petition shall be designated 'Referendum
Order by Petition of the People.' A state measure proposed by
initiative petition shall be designated 'Proposed by Initiative
Petition. '
(5) For an election conducted at polling places under this
chapter, each official ballot shall have a removable stub. The
stub on the ballots for a precinct shall be numbered
consecutively.
(6) The ballot shall be printed to give the elector a clear
opportunity to designate the elector's { - choice - }
{ + choices + } for candidates { + as provided in section 3 of
this 2001 Act + } and approval or rejection of measures
submitted. In precincts not using voting machines the elector
shall indicate { - a preference by making a cross or check mark
inside a voting square - } { + the elector's first, second and
third choices by marking a voting square + } corresponding to the
candidate { - or - } { + for which the elector wishes to
vote. Regarding measures, the elector shall indicate a
preference by making a cross or check mark inside a voting square
corresponding to the + }answer for which the elector wishes to
vote. A voting square may be printed on the blank, write-in vote
spaces.
{ - However, - } The elector { - is not required to place a
mark - } { + shall indicate the elector's numeric choice + } in
the voting square corresponding to a name written in a blank
space. On the ballot or ballot label shall be printed words to
aid the elector { + in voting for candidates as provided in
section 3 of this 2001 Act + } { - , such as 'Vote for one,'
'Vote for three,' - } and regarding measures { + . + } { - ,
'Yes' and 'No.' - }
{ + (7) The Secretary of State shall adopt rules necessary to
design ballots to accommodate the instant runoff voting system
described in section 3 of this 2001 Act. + }
SECTION 6. ORS 254.575 is amended to read:
254.575. { + (1) + } When two or more candidates for the same
office, after a recount of votes, have an equal and the highest
number of votes { + at a stage of the counting of votes under
section 3 of this 2001 Act when one of the candidates is to be
nominated or elected and the other candidate eliminated + }:
{ - (1) - } { + (a) + } For election to State Senator or
Representative, a party office, or a public office for which the
elections officer is other than the Secretary of State, the
elections officer shall have the candidates meet publicly to
decide by lot who is
{ - elected - } { + eliminated + }.
{ - (2) - } { + (b) + } For election to a public office
other than Governor or those referred to in subsection (1) of
this section, the Secretary of State by proclamation shall order
a new election to fill the office.
{ - (3) - } { + (c) + } For election to Governor, the
Legislative Assembly at the beginning of the next regular session
shall meet jointly and elect one of the candidates.
{ - (4) - } { + (d) + } For nomination by one major
political party to an office, the elections officer who receives
filings for nomination to the office shall have the candidates
meet publicly to decide by lot who is nominated.
{ + (2) For an office not described in subsection (1) of this
section, when two or more candidates for the same office, after a
recount of votes, have an equal and the highest number of votes
at a stage of the counting of votes under section 3 of this 2001
Act, the elections officer shall have the candidates meet
publicly to decide by lot who is eliminated. + }
SECTION 7. { + Section 8 of this 2001 Act is added to and made
a part of ORS chapter 254. + }
SECTION 8. { + For purposes of ORS 198.430, 199.720, 199.780,
203.730, 248.006, 248.008, 249.068, 249.740, 249.870, 250.205,
255.165, 261.010, 261.710 and 545.189 and any other law under
which a calculation is based on the total number of votes cast
for an office, the calculation shall be based on the number of
first-choice votes cast for the office. + }
SECTION 9. ORS 258.250 is amended to read:
258.250. (1) If the abstract of votes resulting from the
recount shows that the outcome of the election on the measure was
changed or that a candidate for whose benefit the recount was
demanded received { - a plurality of the - } { + the highest
number of + } votes, the deposit required by ORS 258.161 shall be
refunded by the Secretary of State to the person who filed the
demand.
(2) The Secretary of State shall transfer the deposit required
by ORS 258.161 and any additional amount paid pursuant to
subsection (5) of this section to a special account in the
General Fund if:
(a) 100 percent of the precincts in which votes were cast on a
measure or for a nomination or office were not recounted; or
(b) The abstract of votes resulting from the recount shows
that:
(A) The outcome of the election on the measure was not changed;
or
(B) A candidate for whose benefit the recount was demanded did
not receive { - a plurality of the - } { + the highest number
of + } votes.
(3) All moneys deposited in the special account under
subsection (2) of this section are appropriated for the purpose
of reimbursing the county, city or other political subdivision or
public corporation for the cost of the recount.
(4) Upon receipt from the official directed to conduct the
recount of a signed certificate itemizing the cost of the
recount, the Secretary of State shall request the Oregon
Department of Administrative Services to issue warrants for the
amount so certified. Any portion of the deposit required by ORS
258.161 remaining after the cost of the recount has been paid
shall be refunded to the person who filed the demand upon receipt
of a warrant from the Oregon Department of Administrative
Services showing the amount of the refund to which the person is
entitled.
(5) If the cost of the recount exceeds the amount of the
deposit required by ORS 258.161, and if the person who filed the
demand does not qualify for a refund under subsection (1) of this
section, the person shall pay to the Secretary of State the
amount of the excess cost.
SECTION 10. ORS 258.280 is amended to read:
258.280. (1) The Secretary of State shall order a recount of
the votes cast for nomination or election to a public office for
which the Secretary of State is the filing officer, and the
county clerk who conducted the election shall order a recount of
the votes cast for nomination or election to any other public
office if the canvass of votes of the election reveals that:
(a) Two or more candidates for that nomination or office { + ,
at any stage of the counting of votes under section 3 of this
2001 Act, + } have an equal and the highest number of votes; or
(b) The difference in the number of votes cast for a candidate
apparently nominated or elected to the office and the votes cast
for the closest apparently defeated opponent is not more than
one-fifth of one percent of the total votes for both candidates.
(2) The cost of a recount conducted under this section shall be
paid by the county for a county office, by the city for a city
office, by the special district for a special district office or
by the state for any other office.
SECTION 11. ORS 246.560 is amended to read:
246.560. (1) { - No - } { + A + } voting machine
{ - shall - } { + may not + } be approved by the Secretary of
State unless it is constructed so that it:
(a) Secures to the elector secrecy of voting.
(b) Provides facilities for voting for the candidates of as
many political parties or organizations as may make nominations
and for or against as many measures as may be submitted.
(c) Permits the elector to vote for { - any person and as
many persons for an office - } { + candidates in the manner
described in section 3 of this 2001 Act + } and upon any measure
for which the elector has the right to vote.
(d) Permits the elector, except at a biennial primary election,
to vote for all the candidates of one party or in part for the
candidates of one party and in part for the candidates of one or
more other parties.
(e) Correctly records on a separate ballot the votes cast by
each elector for any person and for or against any measure.
(f) Provides that a vote for more than one candidate cannot be
cast by one single operation of the voting machine or vote tally
system except for President and Vice President and electors for
those offices.
(g) Provides that straight party pointers shall be disconnected
from all candidate pointers.
(2) A vote tally system shall be:
(a) Capable of correctly counting votes on ballots on which the
proper number of votes have been marked or punched for any office
or measure that has been voted.
(b) Capable of ignoring the votes marked or punched for any
office or measure where more than the allowable number of votes
have been marked or punched, but shall correctly count the
properly voted portions of the ballot.
(c) Capable of accumulating a count of the specific number of
ballots tallied for a precinct, accumulating total votes by
candidate for each office, and accumulating total votes for and
against each measure of the ballots tallied for a precinct.
(d) Capable of tallying votes from ballots of different
political parties, from the same precinct, in a biennial primary
election.
(e) Capable of accommodating the procedure established under
ORS 254.155.
(f) Capable of automatically producing precinct totals in
either printed, marked, or punched form, or combinations thereof.
{ + (g) Capable of accommodating the instant runoff voting
system described in section 3 of this 2001 Act. + }
SECTION 12. ORS 249.088 is amended to read:
249.088. (1) Unless otherwise provided by a home rule charter,
at the nominating election held on the date of the biennial
primary election, two candidates shall be nominated for the
nonpartisan office. { + The candidates shall be nominated as
provided in section 3 of this 2001 Act, except that the procedure
described in section 3 of this 2001 Act shall continue until two
candidates remain. + } However, when a candidate, other than a
candidate for the office of sheriff, a candidate for the office
of county clerk, a candidate for the office of county treasurer
or a candidate to fill a vacancy, receives a majority of the
{ + first-choice + }votes cast { + under section 3 of this
2001 Act + } for the office at the nominating election, that
candidate is elected.
(2) When a candidate for the office of sheriff, the office of
county clerk, the office of county treasurer or a candidate to
fill a vacancy receives a majority of { + the first-choice + }
votes cast { + under section 3 of this 2001 Act + } for the
office at the nominating election, that candidate alone is
nominated.
SECTION 13. ORS 332.124 is amended to read:
332.124. (1) All candidates shall be elected at large in the
district unless the district school board provides for election
from zones under ORS 332.126.
(2) In a district in which directors are elected from zones:
(a) The candidate for the office of director in each zone who
receives the { - plurality of the - } { + highest number
of + } votes shall be elected.
(b) At the expiration of each director's term of office, a
successor shall be elected from the same zone.
(3) In the event that no person from the same zone is nominated
under ORS 332.122 as a candidate for the vacant office of
director by the school district election filing deadline or is
elected as a write-in candidate at the subsequent school district
election, or in the event that an office of director becomes
vacant at midterm, the district school board shall fill the
vacancy as follows:
(a) The board shall advertise the vacancy for a 20-day period
in an attempt to find an eligible resident from the same zone to
fill the vacancy. If one or more eligible residents declare
interest in the vacant office, the school district board shall
appoint one of the eligible residents to fill the vacant office
until June 30 following the next regular school district
election.
(b) If, after 20 days of advertising the vacancy, no eligible
resident from the same zone declares interest in the vacant
office, the school district board shall appoint one of the
eligible residents from the district at large to fill the vacant
office until June 30 following the next regular school district
election.
(c) Offices filled in the manner described in paragraphs (a)
and (b) of this subsection shall become vacant on June 30
following the next regular school district election. Nomination
of candidates for vacant offices shall occur as provided under
ORS 332.122.
SECTION 14. ORS 333.165 is amended to read:
333.165. If directors are elected from zones, the candidate in
each zone who receives the { - plurality - } { + highest
number + } of votes in the zone shall be elected.
SECTION 15. ORS 333.197 is amended to read:
333.197. (1) At the same meeting at which the zoning resolution
is adopted following the formation of or consolidation involving
a county school district, the district boundary board shall also
adopt a resolution calling a special election for the election of
the school board of the county school district.
(2) Candidates for director shall be nominated and the district
boundary board shall give notice and conduct the special election
in the manner provided by law for zoned common school districts
with a population of less than 300,000.
(3) At the special election five or seven directors shall be
elected by the electors of the district at large for terms of two
and four years respectively.
(4) The ballot shall designate each position to be filled by
its zone number or name in the same manner as at a county school
district election except that it shall not state the number of
years in each term. The candidate in each zone who receives the
{ - plurality of the - } { + highest number of + } votes for
such position shall be elected the director for the zone.
(5)(a) If five directors are elected to the county school
board, then the two directors who received the most votes shall
hold the four-year terms and the remaining directors shall hold
the two-year terms.
(b) If seven directors are elected to the county school board,
then the three directors who received the most votes shall hold
the four-year terms and the remaining directors shall hold the
two-year terms.
SECTION 16. { + (1) Sections 3 and 8 of this 2001 Act and the
amendments to ORS 246.560, 249.088, 254.065, 254.145, 254.575,
258.250, 258.280, 332.124, 333.165 and 333.197 by sections 4 to 6
and 9 to 15 of this 2001 Act become operative January 1, 2004.
(2) The Secretary of State and county clerks or other county
officials in charge of elections may take any action before the
operative date of any section of this 2001 Act that is necessary
to enable the secretary, county clerk or elections official to
exercise, on or after the operative date of any section of this
2001 Act, the duties, functions and powers conferred and required
under any section of this 2001 Act. + }
----------